Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Kyrgyzstan (Ratification: 1992)

The Committee recalls that in its previous comments it had noted that sections 3, 5 and 10 of the Act on Collective Agreements provides that, in collective bargaining, workers are represented by trade unions and other workers’ representatives, including enterprise councils. The Committee had also noted that pursuant to sections 29 and 31 of the Labour Code of 2004, the interests of workers, including in collective bargaining, were represented by trade unions and other elected bodies and that other representatives could be elected where no trade union represented at least 50 per cent of the workforce. It had requested the Government to amend the abovementioned provisions so as to ensure clearly that the position of a representative union, even if it does not represent 50 per cent of the workforce, is not undermined by elected representatives in the collective bargaining process. The Committee regrets that the Government provides no information on the measures taken to that end. The Committee therefore once again requests the Government to amend the relevant provisions of the Act on Collective Agreements and the Labour Code and to indicate the measures taken or envisaged in this regard.